Clark v. Lowenberg

Clark, J., took no part in tins case.

The notice of appeal in this case was filed on the twentieth day of October, 1876. It was served on the twenty-fourth day of October. The undertaking was executed on the eighteenth, and filed on the twentieth day of October, 1876. With this state of facts, the question now is, has this court jurisdiction ? Section 438 of the civil practice act of the eighth session laws, relating to appeals, provides that “the appeal is ineffectual for any purpose, unless within five days of the service of the notice of appeal, an undertaking be filed,” etc. In order to…